JUDGE WANTS REAGAN, BUSH PAPERS

Glen Elsasser, Chicago TribuneCHICAGO TRIBUNE

A federal judge Monday ordered the government to produce the personal papers of former President Ronald Reagan and then-Vice President George Bush for the trial of former National Security Adviser John Poindexter, who was indicted in the Iran-contra affair.

U.S. District Judge Harold Greene ruled that a wide range of documents must be made available to the court so it can determine if they ''directly support'' the defense of Poindexter, who contends that he thought his Iran-contra activities were legal and widely known throughout the government.

No trial date has been set for Poindexter, who faces charges of concealing the National Security Council`s role in the Iran-contra affair by obstructing a congressional inquiry, making false statements and destroying documents. The maximum penalty, if he is convicted on all counts, is 20 years in prison and $1 million in fines.

Under federal rules of criminal procedure, Greene said that Poindexter, the highest-ranking official to be tried in the Iran-contra affair, was entitled to ''the widest possible opportunity to inspect and receive''

government documents to prepare his defense. But the judge reserved the right to determine later if any of these materials may be used as evidence.

In his ruling, Greene rejected the independent counsel`s claim that the prosecution is required to produce only those presidential and vice presidential documents already in its possession.

Although the relevance of the documents to Poindexter`s case remains to be determined, Greene said Poindexter clearly maintained a close relationship with Reagan and Bush.

''Certainly, as he (Poindexter) has stated, he worked directly for the former president; he met with him on an almost daily basis; and the alleged violations occurred while he was so employed. Defendant also contends in somewhat conclusory fashion that the former president and vice president knew of, and that the former president participated in, the actions he took.''

Poindexter`s arguments appear to contradict his congressional testimony that he never told Reagan that the proceeds from the arms sales were diverted to support the Nicaraguan rebels, known as contras.

Bush has asserted he did not attend many high-level meetings on the Iran- contra matter. But Poindexter`s lawyer asserted at a court hearing last week that any time Bush missed a meeting, Poindexter briefed him afterward.

In his ruling, Greene cited the 1974 Supreme Court ruling that ordered then-President Richard Nixon to turn over disputed presidential tapes to the Watergate special prosecutor.

''Neither a president nor his papers are beyond the reach of the law that requires the production or the giving of evidence,'' Greene wrote, ''and where a defendant in a criminal case needs that evidence, this court will enforce his right to its production.''

Nevertheless, Greene emphasized, he would order production of the documents sought by Poindexter ''only in case of necessity.'' He gave the independent counsel`s office a week to file a memorandum outlining its

''authority and responsibility'' to obtain and produce Reagan and Bush documents not now in its possession.

Poindexter, a retired admiral, was indicted in 1987 along with former National Security Council aide Oliver North for their roles in funneling funds to the contras through covert arms sales to Iran after Congress` funding cutoff in 1984. North, who testified he was acting under orders of his superiors, was convicted in May of altering and destroying official documents, accepting an illegal gratuity and aiding in the obstruction of Congress.

At his trial North was unsuccessful in his attempt to compel Reagan and Bush to testify. Unlike North, however, Poindexter met regularly with Reagan.